Gilbert v. Doctor's Choice Modesto LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 DARREN GILBERT, CASE NO. 1:21-CV-0690 AWI BAM

Plaintiff

ORDER ON DEFENDANTS’ RULE

v. 12(b)(5) MOTIONS TO DISMISS and

ORDER TO SHOW CAUSE

DOCTOR’S CHOICE MODESTO LLC, et al., (Doc. Nos. 106, 107, 108) Defendants 15 16 This is a disabilities discrimination lawsuit brought by Plaintiff Darren Gilbert (“Gilbert”) against inter alia Defendants Amar Kumar (“Kumar”), Shaibi Abdulqawi d/b/a J’s Smoke Shop #9 (“Abdulqawi”), and Arif Faisal d/b/a Global Smoke Shop (“Faisal”) (collectively “Defendants”). Defendants are pro se. The active complaint is the Third Amended Complaint (“TAC”), which alleges violations of the Americans with Disabilities Act (42 U.S.C. § 1200 et. seq.) (“ADA”), the California Unruh Act (Cal. Civ. Code § 51), and California Health & Safety Code § 19955. Currently before the Court are Defendants’ three separate Rule 12(b)(5) motions. For the reasons that follow, the Rule 12(b)(5) motions will be…